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الفتح الربانی
Fath al-Rabbani
كتاب البيوع والكسب والمعاش وما يتعلق بالتجارةBook of Sales, Earnings, Livelihood, and Matters Related to Trade
بَابُ بَيْعِ الرَّقِيقِ وَكَرَاهَةِ التَّفْرِيْقِ بَيْنَ ذَوِي الْمَحَارِمِChapter: Sale of slaves and dislike of separating close relatives
Hadith 5912
اُردوEn
عَنْ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُ قَالَ أَمَرَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أَنْ أَبِيعَ غُلَامَيْنِ أَخَوَيْنِ فَبِعْتُهُمَا فَفَرَّقْتُ بَيْنَهُمَا فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَ أَدْرِكْهُمَا فَأَرْجِعْهُمَا وَلَا تَبِعْهُمَا إِلَّا جَمِيعًا
It is narrated from Sayyiduna Ali bin Abi Talib (may Allah be pleased with him), he says: The Messenger of Allah (peace and blessings be upon him) ordered me to sell two slaves; they were brothers to each other. I sold them, but I separated them from each other, and then I informed the Messenger of Allah (peace and blessings be upon him) of this. He (peace and blessings be upon him) said: Find both of them and return them, and do not sell them except together.
Brief Explanation
Benefits: … It is narrated from Sayyiduna Ali radi Allahu anhu that he separated a slave woman and her child, but the Noble Prophet sallallahu alayhi wa sallam forbade him from this and annulled the sale. (Abu Dawud: 2696)
From these ahadith, it is understood that it is not permissible to separate a slave woman and her children, nor to separate siblings from each other, whether through sale, gift, or any other means. The father will be analogized to the mother in this regard.
There is no difference of opinion among the scholars on this issue that it is not permissible to separate a small child from his mother. The following narration shows that when a boy or girl reaches puberty, then separation is permissible:
It is narrated from Sayyiduna Salamah radi Allahu anhu, who says: We set out with Sayyiduna Abu Bakr radi Allahu anhu for the expedition of Fazarah; the Prophet sallallahu alayhi wa sallam had appointed him as our leader. We attacked the enemy from all sides. I saw a group of people among the enemy, which included children and women. I shot arrows at them, and they stood still. Then I brought them to Sayyiduna Abu Bakr radi Allahu anhu. Among them was a woman from Banu Fazarah, who was wearing a garment of dried leather. With her was her daughter, who was the most beautiful among the Arabs. Sayyiduna Abu Bakr radi Allahu anhu gave her to me. When I came to Madinah Munawwarah, the Messenger of Allah sallallahu alayhi wa sallam met me and said: “O Salamah! Give me the woman as a gift.” … “O Salamah! Gift me that woman.” I said: By Allah! She is very dear to me, but I have not yet lifted her garment. The Prophet sallallahu alayhi wa sallam remained silent. The next day, I met the Prophet sallallahu alayhi wa sallam in the market, and he again said the same thing. I said: O Messenger of Allah! I have not even lifted her garment, and now she is for you. Then the Prophet sallallahu alayhi wa sallam sent that woman to the people of Makkah and gave her in ransom for the Muslim captives who were in their hands. (Sahih Muslim: 1755, Abu Dawud: 2697)
Sayyiduna Abu Bakr radi Allahu anhu had separated this mother and daughter, and the Messenger of Allah sallallahu alayhi wa sallam maintained that separation, while the daughter was of age (baligh). Imam Abu Dawud established this chapter on this hadith: Chapter: The concession regarding separating those who have reached puberty (The statement regarding the permissibility of separating mature slaves).
From these ahadith, it is understood that it is not permissible to separate a slave woman and her children, nor to separate siblings from each other, whether through sale, gift, or any other means. The father will be analogized to the mother in this regard.
There is no difference of opinion among the scholars on this issue that it is not permissible to separate a small child from his mother. The following narration shows that when a boy or girl reaches puberty, then separation is permissible:
It is narrated from Sayyiduna Salamah radi Allahu anhu, who says: We set out with Sayyiduna Abu Bakr radi Allahu anhu for the expedition of Fazarah; the Prophet sallallahu alayhi wa sallam had appointed him as our leader. We attacked the enemy from all sides. I saw a group of people among the enemy, which included children and women. I shot arrows at them, and they stood still. Then I brought them to Sayyiduna Abu Bakr radi Allahu anhu. Among them was a woman from Banu Fazarah, who was wearing a garment of dried leather. With her was her daughter, who was the most beautiful among the Arabs. Sayyiduna Abu Bakr radi Allahu anhu gave her to me. When I came to Madinah Munawwarah, the Messenger of Allah sallallahu alayhi wa sallam met me and said: “O Salamah! Give me the woman as a gift.” … “O Salamah! Gift me that woman.” I said: By Allah! She is very dear to me, but I have not yet lifted her garment. The Prophet sallallahu alayhi wa sallam remained silent. The next day, I met the Prophet sallallahu alayhi wa sallam in the market, and he again said the same thing. I said: O Messenger of Allah! I have not even lifted her garment, and now she is for you. Then the Prophet sallallahu alayhi wa sallam sent that woman to the people of Makkah and gave her in ransom for the Muslim captives who were in their hands. (Sahih Muslim: 1755, Abu Dawud: 2697)
Sayyiduna Abu Bakr radi Allahu anhu had separated this mother and daughter, and the Messenger of Allah sallallahu alayhi wa sallam maintained that separation, while the daughter was of age (baligh). Imam Abu Dawud established this chapter on this hadith: Chapter: The concession regarding separating those who have reached puberty (The statement regarding the permissibility of separating mature slaves).
